Madison Criminal Defense Attorney

Have you been accused of a crime in Madison, WI? Eisenberg Law Offices, S.C. can help when you call (608) 256-8356. We offer a free case evaluation with a Madison criminal defense attorney who can discuss the charges against you and the next steps in your case.

A criminal charge can expose you to fines, incarceration, and other consequences that extend beyond the courtroom. The specific penalties and defense strategies will vary based on the offense, the facts of the case, and your criminal history.

Why Choose Eisenberg Law Offices, S.C. to Help Me If I’ve Been Accused of a Crime in Madison, WI?

Criminal cases can involve disputed evidence, constitutional issues, negotiations with prosecutors, and a trial. Eisenberg Law Offices, S.C. has substantial experience handling criminal cases in Wisconsin, including serious misdemeanor and felony charges.

When you choose our firm in Madison, WI, you benefit from:

• More than 140 years of combined legal experience
• Experience handling misdemeanor and felony criminal cases
• Experience representing clients in Wisconsin state and federal courts
• Membership in prestigious organizations such as the National Association of Criminal Defense Lawyers and the Dane County Criminal Defense Lawyers Association

Contact us today to schedule a free case evaluation with a Madison criminal defense lawyer.

Common Crimes We Handle in Madison

Criminal charges in Wisconsin range from misdemeanors carrying relatively limited periods of incarceration to serious felonies that can result in years or decades in prison.

Our Madison criminal defense attorneys handle cases involving charges such as:

• OWI: Operating a vehicle while under the influence of alcohol or drugs or with a prohibited alcohol concentration can result in fines, license consequences, and other penalties.
• Drug crimes: Charges may involve possession, manufacture, delivery, or possession with intent to manufacture or deliver controlled substances.
• Assault and battery: Wisconsin criminal law includes several levels of battery based on factors such as the harm caused, intent, and circumstances surrounding the alleged offense.
• Domestic violence-related offenses: Domestic abuse allegations can arise in connection with battery, disorderly conduct, property damage, and other criminal charges.
• Sex crimes: Sexual assault and other sex-related offenses can carry substantial criminal penalties and, for some convictions, sex offender registration requirements.
• Theft and property crimes: Theft, burglary, robbery, criminal damage to property, and related offenses can be charged as misdemeanors or felonies depending on the circumstances.
• Weapons offenses: Wisconsin law restricts certain conduct involving firearms and other dangerous weapons.
• White-collar crimes: Fraud, embezzlement, identity theft, forgery, and other financially motivated offenses can involve extensive financial and electronic evidence.

The classification and potential consequences of a charge will depend on the specific offense and circumstances.

What Are the Penalties for Crimes in Madison, Wisconsin?

Wisconsin divides crimes into misdemeanors and felonies, with different classifications carrying different maximum penalties. A conviction can result in incarceration, fines, or both.

Misdemeanors are classified as Class C, B, or A offenses. A Class C misdemeanor can carry up to 30 days in jail and a $500 fine, while a Class A misdemeanor can carry up to nine months in jail and a $10,000 fine.

Felonies range from Class I through Class A. A Class I felony can carry up to three years and six months of imprisonment and a $10,000 fine, while a Class A felony carries life imprisonment.

The penalties in a particular case can also be affected by the specific offense, prior convictions, penalty enhancers, and other circumstances.

What Collateral Consequences Can You Face in Madison?

A criminal conviction can affect your life beyond the fines, jail time, or prison sentence imposed by the court. 

Depending on the offense, collateral consequences may include:

• Loss of firearm rights
• Driver’s license suspension or revocation
• Sex offender registration requirements
• Difficulty finding or maintaining employment
• Effects on professional licenses
• Housing difficulties
• Immigration consequences for non-U.S. citizens
• Restrictions on certain educational or occupational opportunities

The collateral consequences you face will depend on the offense, your circumstances, and other factors. Some can continue long after you have completed the sentence imposed in your criminal case.

What Happens After You Are Charged With a Crime in Wisconsin?

What happens after you are charged with a crime in Wisconsin depends partly on whether you face misdemeanor or felony charges. 

The criminal process may include:

• Initial appearance: The court addresses the charges and matters such as bail or conditions of release.
• Preliminary hearing: In felony cases, the court may determine whether there is probable cause for the case to proceed.
• Arraignment: You enter a plea to the charges.
• Pretrial proceedings: The parties address evidence, motions, and possible plea negotiations.
• Trial: If the case is not resolved, the prosecution must prove the charges beyond a reasonable doubt.
• Sentencing: Following a conviction or guilty or no-contest plea, the court determines the sentence.

Not every criminal case goes through each stage. A case may be resolved or dismissed before trial.

What Defenses Can Be Raised if I’m Accused of a Crime?

The defenses available in a Wisconsin criminal case depend on the offense and the evidence. A defense may challenge whether the prosecution can prove one or more elements of the charged crime or raise a legally recognized justification for the defendant’s conduct.

Potential defenses may include:

• Self-defense or defense of others: The use of force may be legally justified in certain circumstances when a person reasonably believes force is necessary to prevent or terminate unlawful interference.
• Lack of intent: Some offenses require proof that the defendant acted intentionally or with another specified mental state.
• Mistaken identity: Witness identification, surveillance footage, or other evidence may not establish that the accused person committed the offense.
• Alibi: Evidence may establish that the defendant was somewhere else when the alleged crime occurred.
• Consent: For certain charges, evidence of legally valid consent may dispute an element of the prosecution’s case.
• Insufficient evidence: The prosecution bears the burden of proving every element of a criminal offense beyond a reasonable doubt.
• Constitutional violations: Evidence obtained through an unlawful search, seizure, interrogation, or other constitutional violation may be subject to suppression.

A defense strategy should be based on the particular charge and the admissible evidence rather than a general defense that applies to every criminal case.

Can Criminal Charges Be Reduced or Dismissed?

Criminal charges can sometimes be reduced or dismissed, but neither result is guaranteed. Whether this occurs depends on the evidence, legal issues, prosecution, and circumstances of the case.

A prosecutor may agree to reduce a charge as part of plea negotiations. For example, an agreement might involve a plea to a less serious offense, dismissal of one or more counts, or recommendations concerning sentencing.

Charges can also be dismissed in other circumstances. The prosecution may determine that the available evidence cannot support the charge, a court may rule on a legal issue that affects the prosecution’s case, or other developments may change whether the case can proceed.

A dismissal and an acquittal are not the same. A dismissal ends a charge without a finding of guilt on that charge, while an acquittal occurs when the defendant is found not guilty after trial.

How a Criminal Defense Attorney Can Help if You’ve Been Accused of a Crime

A criminal defense attorney can represent you throughout the criminal court process and address legal and evidentiary issues that may affect the charges.

Depending on the case, an attorney can:

• Review the criminal complaint and allegations
• Investigate the circumstances surrounding the arrest
• Examine police reports, video footage, witness statements, and other evidence
• Determine whether searches, seizures, or interrogations complied with constitutional requirements
• File appropriate motions
• Challenge evidence offered by the prosecution
• Represent you at hearings and other court appearances
• Negotiate with prosecutors
• Explain the potential consequences of a proposed plea agreement
• Prepare the case for trial
• Present a defense before a judge or jury when necessary
• Advocate for an appropriate sentence following a conviction or plea

Having legal representation also provides a point of contact for communications about the criminal case and allows the defense to respond to developments as the case moves through the Wisconsin court system.

Schedule a Free Case Evaluation With a Criminal Defense Lawyer

Being accused of a crime in Madison, Wisconsin, can mean facing misdemeanor or felony charges, criminal penalties, and consequences outside the courtroom. The evidence and available defenses can affect how the case proceeds, including whether charges may be reduced or dismissed. Eisenberg Law Offices, S.C. can help you navigate each stage of the criminal process.

We can examine the allegations and evidence, identify defenses that may apply, negotiate with prosecutors, and represent you in court. If you have been accused of a crime, contact us today to schedule a free case evaluation with a Madison criminal defense attorney.